Is Lane Filtering Legal in Maryland? Your Complete Guide

What is Lane Filtering?

For a motorcyclist, the road is their equivalent of a second home. So when someone is trying to make it easier for motorcyclists to make it home more quickly and safely, you can count The Motorcycle Law Group as a supporter. Lane filtering is the practice of a motorcyclist riding through a row of stopped or slow-moving traffic, taking the lane ahead of the line of cars. Lane sharing is an extension of this. It is the practice where two or more motorcyclists share the lane, with no more than one motorcycle’s width on either side. In Maryland, lane sharing is currently considered highly dangerous and illegal under most circumstances.
Many confuse the terms lane filtering, lane splitting and lane sharing, but they are three different things. Lane splitting is where a motorcyclist drives between rows of slow or stopped vehicles, such as at a stop light – their position being physically in front of the stopped vehicles. Lane filtering involves the same positioning, except that it occurs when vehicles are moving at a slow speed (under 10 mph), which means that the motorcyclist is speeding through traffic. To help clarify, lane splitting doesn’t involve moving into oncoming traffic . Lane filtering does.
Lane filtering laws exist in many other countries, like the UK, Australia and Malta. In fact, The European Commission is creating a "European-wide set of rules" for motorcycles and scooters.
There was a study commissioned by the Governors Highway Safety Association published in 2018, but it appears to have only looked into fatalities and injury rates. To date, there have been no studies comparing motorcycle lane filtering to any other type of lane separation. Since motorcyclists traveling under 10 mph fall into the same accident group as stationary motorcyclists, in all probability the GHSA report didn’t result in better insight.
While some might argue that it’s unsafe to encourage motorcyclists to own an equal amount of lane as a car, lane filtering minimizes roadway footprint and allows drivers behind the motorcyclists to fixate on all other vehicles other than the motorcycles. From the majority of studies collected by those in favor of the activity, it seems to have more benefits than disadvantages, allowing traffic to pass more quickly and potentially keeping the length of traffic jams shorter. And that should be something we can all safely get behind.

Lane Filtering Laws in Maryland

Currently, lane splitting is illegal in Maryland. The Maryland Transportation Code Annotated states, in section 21-1206, that "The operator of a motorcycle may not overtake and pass in the same lane occupied by the vehicle." Additionally, section 21-1104 of the Code Annotated states that "A motorcyclist shall, whenever practicable, keep to the right of the center line of the traffic lane being used. The motorcyclist may not increase the risk of injury to himself or herself or to other travelers by:

(1) Riding between lanes of traffic moving in the same direction; or
(2) Riding beside vehicles in adjacent lanes."

These two sections in the Maryland transportation code is meant to ensure that the operator of a motorcycle will stay in the lane of traffic intended and will therefore not be in danger of getting into an accident from a vehicle in the lane right next to them. Lane splitting significantly increases the chances of motorcycle accidents because it requires a motorcycle to ride between lanes of traffic, which increases the risk of injury if a car driver suddenly decides to change lanes without looking or see a motorcycle come too close to them in the side-view mirror.
There was another bill, similar to the one currently being considered in Maryland, that was introduced in February of 2018. There was not enough support for this bill at the time, so this legislation would not have impacted whether or not lane splitting was legal in Maryland, but an earlier bill has failed in the Maryland state legislature before. A previous attempt to make the Maryland legislature allow for lane splitting was defeated in 2013, and an earlier attempt by the Maryland Senate trying to redefine motorcyles to include 3-wheeled motorcycles met the same fate when it was rejected.
On the other hand, lane splitting has been embraced the California DoT and some other surrounding states which allows motorcyclists to use the space between the lanes of traffic, as long as the motorcycle passes through the gap between the vehicles without making contact with them. This enables the motorcyclist to pass slower traffic on the road, but still remain in the lane intended by the state and the Department of Transportations for them. However, the Maryland General Attorney, Brian Frosh, has not been in support of the legislation which would allow lane splitting in Maryland. He stated that "Lane splitting is not only illegal in Maryland, it’s also very dangerous for motorcycle riders, and for other motorists."
The bills that did not pass face stiff opposition which prevents legislators from passing this bill into law. In 2015, an attempt to legalize lane splitting in Colorado failed when a senator from the state stated that "I’ve got to draw the line at lane splitting." Legislators, especially those representing Maryland, specifically have to believe that it can be passed safely without any car accident injuries to any of the individuals involved. As of right now, statistics have tied lane splitting to be linked to motorcyclist injury crashes in the state of California, showing a greater risk of injury for those being lane-splitting than their non-lane-splitting counterparts, which has shown legislators that lane splitting is not safe to do, especially in a packed state like Maryland where traffic is extremely heavy at times.

Comparing Maryland to Other States

When comparing Maryland to other states, the legal and illegal aspects of lane filtering differ greatly. As mentioned, lane splitting is illegal in every state, but that is quite different than lane filtering.
California: Lane filtering is explicitly legal in California. In California, lane splitting is also legal, but has specific provisions. In July of 2016, California’s Highway Patrol (CHP) announced that it was working on lane splitting guidelines and that issuing lane filtering guidelines had "slipped through the cracks." In early 2017, CHP issued 11 voluntary guidelines for motorcyclists. Several states including Oregon, Utah, Colorado, New Mexico, Arizona, Texas, and Washington have also considered legislation to permit lane splitting and/or lane filtering, but none of them have become law.
Arkansas: Lane filtering is illegal in Arkansas because lane splitting is illegal in Arkansas. Motorcyclists can filter into the same lane that is occupied by a passenger vehicle.
Alaska: Lane filtering is illegal in Alaska. However, lane splitting is legal in Alaska.
Rhode Island: Although lane splitting is illegal in Rhode Island, lane filtering regulations have been introduced in the House of Representatives and the Senate, but no laws have been passed. H.2336 would allow motorcycle riders to pass cars between lanes to get around stopped or slower-moving traffic at a stoplight. Conversely, in H.B. 8641, the provision to add language to the State’s traffic code allowing filtering was removed.

Pros and Cons of Lane Filtering

The argument for lane filtering, as evidenced by the thousands of bike advocates who have signed online petitions, is simply that it is safer for motorcyclists to lane filter and make their way through stopped traffic at red lights rather than remain in a sea of stopped motor vehicles, which may not see or be able to react to a motorcycle in their rear view mirror. Another part of the argument is that lane filtering can make motorcyclists more visible and, consequently, reduce the chances of crashes and fatalities. That said, there have been arguments made in the past against legalizing lane splitting in particular, including that it will reduce compliance with other traffic laws such as ignoring speed limits and failing to yield right of way to vehicles.
In case you’ve never heard of the term "motorcycle-motorist conflict," it is the scientific term that describes what happens at intersections when a motorist pulls out in front of a motorcycle. Motorcycles are considerably harder to see from a distance than other motor vehicles, which are usually larger and often have wider headlights. The result of this is that cars in intersections will regularly pull out in front of motorcycles, causing collisions that almost always result in catastrophic injury. But filtering would give motorcyclists a much better line of sight on motorists and vice versa, even if only for a split second as the motorcyclists passes the stationary traffic and the motorist sees him or her. In fact , allowing motorcycles to filter at intersections, which comprise two-thirds of all motorcycle accidents, would likely prevent many of the fatal accidents that occur currently due to this conflict. In contrast to the automobile and pickup truck populations, which makes up only six percent of the population, motorcyclists stand out much more to the public’s eye as they whizz by at intersections. This might lead to drivers paying more attention for motorcycles in traffic if lane filtering were legal. What is more, most accidents would occur several hundred yards ahead of them while the motorcyclist is filtering at the intersection and waiting for the light to turn green.
Critics have argued that allowing motorcycles to filter ahead of traffic at intersections will make them less visible. In actuality, a motorcyclist has a better chance of being visible to other drivers while filtering in a traffic light as compared to him or her riding straight through the intersection. Motorists are far more-aware of motorcycles at intersections, which comprise 2/3 of all motorcycle accidents. Visibility problems typically do not occur until the motorcyclist affixes himself to a narrow band of moving automobiles while proceeding through greenlights until he/she is eventually injured at an intersection. Filtering, on the other hand, allows the motorcyclist to stay ahead of the fray and avoid becoming invisible to traffic.

Safety Tips for Motorcycle Riders

Lane filtering may not currently be legal in Maryland, but that doesn’t mean riders should throw caution to the wind and lane split anyway. Even if and when it becomes legal in the state, riders should still approach the practice with caution. If you are riding somewhere where lane splitting is legal, watch for cyclists, pedestrians, motorcycles, scooters, and moped riders who may be using the shoulder or middle of the lane, and do not put other drivers at risk when shifting lanes. Here are a few safety tips to keep in mind if you’re thinking about lane splitting: Whenever you’re riding around other drivers, stay alert so you can anticipate potential hazards. Make sure there’s adequate space in front of you in case you need to hit the brakes suddenly, and don’t forget to keep a close eye on drivers changing lanes. Remember that the rider will usually have an easier time avoiding a collision than a car will, and lane splitting gives you the opportunity to pass by a car that’s calculating its chances to make a right turn. That said, when you find yourself in front of a vehicle, stimulate the driver’s awareness by making eye contact. Avoid "sneaking" around the driver and putting yourself in the blind spots. Some exceptions may apply, such as if the driver flirtatiously engages with you in the rear view mirror, or if you see someone reach down for something in their seat. Avoid driving near the driver’s window so you don’t catch their attention and ruin their concentration, but don’t stray too far into the driver’s blind spot or catch them off guard. Lane filtering is not worth a collision or personal injury. Always prioritize defensive riding and safety above everything else.

The Future of Lane Filtering in Maryland

As of now, a bill is working its way through the Maryland General Assembly that would make lane filtering legal statewide. In an unusual turn of events, the bill has strong bipartisan support. The bill has passed in the state Senate with support from both sides of the aisle. It is heading to the Maryland House of Delegates for further consideration. There are currently Maryland House of Delegates bills that would make lane filtering legal, bills that would prohibit lane filtering, and bills that would do nothing at all. It presently seems like the momentum is with the proponents of the bill.
The Maryland Motorcycle Association ("MMA") are the folks behind the push to make lane filtering legal in Maryland. A very recent motorcycle accident on a Maryland highway where a motorcycle rider was killed made both local and national news. The MMA stated that lane filtering by motorcycles should be legal in that the accident could have been avoided had the motorcyclist been allowed to filter. There are many motorcycles here in Maryland. They take up less room on the road and take up less space while stopped and waiting at traffic lights. Therefore , allowing motorcycles to filter through traffic when it makes sense to do so would both reduce congestion and make the operation of motorcycles in traffic safer. If the bill is passed, it would be a measured, yet noticeable boost to Maryland’s economy. Keep in mind, there currently are no requirements that motorcyclists wear protective gear or helmets here in Maryland. Lane filtering would result in people getting on motorcycles more which would lead to more families and friends going to motorcycle shops, apparel shops, and motorcycle rallies in Maryland. This results in more money flowing into the economy. In addition, more motorcycles likely mean less frequent bus, auto, and truck congestion on Maryland’s roadways. The benefit trickles down from there.
Keep your eyes on the General Assembly for more news related to the legalization of lane filtering in Maryland.